SETH, Circuit Judge.
The appellees filed an action for breach of warranty and for negligence against the appellant which had sold a lot and constructed a house for them. The case was heard by the court and judgment was given for the plaintiffs-appellees on the ground of breach of implied warranty of fitness, and this appeal has been taken.
The record shows that the contract between the parties stated in part that appellees had paid a certain sum as earnest...
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